In the case of a defendant who pled guilty to aggravated child abuse in the death of his two-month-old daughter but later sought to withdraw that plea, the Superior Court erred in ruling on the motion to withdraw the guilty plea by failing to consider whether the defendant met his burden in asserting innocence, whether he had given sufficient reasons to withdraw the guilty plea, and what prejudice the People would face if the defendant were allowed to withdraw his guilty plea. But in this case that error was harmless because the defendant failed to meet his burden of establishing a fair and just reason for withdrawal of the plea applying these factors. Accordingly, the Superior Court's November 8, 2011 Judgment and Commitment is affirmed.
Supreme Court Of The Virgin Islands